BRESATI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both these petitions arise out of a common FIR, hence are liable to be disposed, of, by a common order.

(2.) The instant petitions stand instituted by the bail applicants under Sec. 439 Cr.P.C, for theirs being ordered to be released from judicial custody, wherein they are extantly lodged, for theirs allegedly committing offences punishable, under, Sections 15,20,29-61-85 of NDPS Act, registered with Police Station Chintpurni, District Una, H.P. in case FIR No. 101/17 of 28.11.2017.

(3.) Mr. Hemant Vaid, learned Additional Advocate General, submits that (i) on instructions imparted to him by the Investigating Officer, hence, from the joint and exclusive possession of the bail applicants, recovery of 1 kg 50 grams of charas rather standing effectuated, and, (ii) thereafter in pursuance to a disclosure statement, made under Sec. 27 of Evidence Act, by bail applicant Pawan Kumar, before the Investigating Officer, further recovery of 500 grams of charas, and, 620 grams of Poppy Husk, standing effectuated from his abode, and, (iii) thereafter upon the afore bail applicant also making a disclosure before the Investigating Officer qua his making the afore purchase, from one Hira Lal, the Investigating officer, concerned, also effectuating recovery of 110 grams of charas, from, the possession of Hira Lal. The learned Additional Advocate General, on instructions meted to him by the Investigting Officer, has made a clear submission, before this Court that the quantum of Poppy husk, as, stood recovered from the abode of Pawan Kumar,(a) falling outside the category of commercial quantity thereof, (b) and, also he further submits that after separating/excluding pure resinous substance, as carried in the afore quantum of charas, the quantum thereof, also falling within the category of less than commercial quantity thereof. Consequently, when the pure resinous substance, as found, in the total haul of the contraband, falls within the category of less, than commercial quantity or intermediate quantity thereof, hence bearing in mind the afore parameter, this Court is constrained to, afford facility of bail, vis-avis, the bail applicants, given there being no statutory bar against granting of bail qua any relevant item of contraband upon its falling within less than commercial quantity thereof, (c) moreso when the afore findings are in tandem with a verdict rendered upon Cr.M.P(M) No. 1301 of 2018.